Q |​ What rights do I have to make my own medical decisions when I am unwell?

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You have the right to make your own medical decisions when you’re unwell if both of the following are true:

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1. You have decision-making capacity, which is when you are able to give informed consent and to understand the benefits and risks of a proposed treatment or intervention (including no treatment). Lack of decision-making capacity is determined by a healthcare provider.
    

2. You have competence to make medical decisions, which is when you are able to participate in legal proceedings or to be responsible for your own decisions or actions. Lack of competence is determined by a court.

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Q |​ Who has the right to make medical decisions for me if I become unable?

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If you become unable to make medical decisions, your healthcare proxy, a legal guardian, or your next of kin may be called upon to make medical decisions on your behalf. If you do not have a healthcare proxy or legal guardian, your next of kin will act as your medical decision-maker. If you do not want your next of kin making decisions on your behalf, be sure to name a healthcare proxy. See the Healthcare Proxy tab on the My Plans page for more information.